Global Abortion Policies Database
A tool to expand knowledge, encourage transparency, and promote accountability.
| Country or Region | |
|---|---|
Pakistan |
No
Read more WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. This legal ground recognizes a woman’s free choice. Safe Abortion Guidelines, § 4.2.1.6.
|
| Country | Economic or social reasons |
Foetal impairment |
Rape |
Incest |
Intellectual or cognitive disability of the woman |
Mental health |
Physical health |
Health |
Life |
Other |
|---|---|---|---|---|---|---|---|---|---|---|
Pakistan |
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.5.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information; health protection or social reasons can be interpreted to include distress of the pregnant woman caused by the diagnosis of fetal impairment. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The protection of women from cruel, inhuman and degrading treatment requires that those who have become pregnant as the result of coerced or forced sexual acts can lawfully access safe abortion services. Prompt, safe abortion services should be provided on the basis of a woman’s complaint rather than requiring forensic evidence or police examination. Safe Abortion Guidelines, § 4.2.1.3.
|
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The scope of mental health includes psychological distress or mental suffering caused by, for example, coerced or forced sexual acts and diagnosis of severe fetal impairment. Safe Abortion Guidelines, § 4.2.1.2.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Physical health is widely understood to include conditions that aggravate pregnancy and those aggravated by pregnancy. Safe Abortion Guidelines, § 4.2.1.2.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The fulfillment of human rights requires that women can access safe abortion when it is indicated to protect their health. WHO defines health for member states as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Safe Abortion Guidelines, § 4.2.1.2.
|
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The human right to life requires protection by law, including when pregnancy is life-threatening or a pregnant woman’s life is otherwise endangered. Both medical and social conditions can constitute life-threatening conditions. Safe Abortion Guidelines, § 4.2.1.1.
Additional notesThe Penal Code envisions punishment for the person who “causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman.”
The Punjab Guidelines explain the legal situation in Pakistan as follows: “Abortion is legal in Pakistan for expanded indications in early pregnancy, generally accepted by Islamic legal scholars as up to 120 days of pregnancy, when the abortion is caused in good faith to save the woman’s life and to provide “necessary treatment”. After 120 days of pregnancy, abortion is legal only to save a woman’s life.” Related documents: |
OtherFor the purpose of providing necessary treatment to the woman Related documents:Additional notesThe Penal Code punishes the person who “causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman.”
The Punjab Guidelines explain the legal situation in Pakistan as follows: “Abortion is legal in Pakistan for expanded indications in early pregnancy, generally accepted by Islamic legal scholars as up to 120 days of pregnancy, when the abortion is caused in good faith to save the woman’s life and to provide “necessary treatment”. After 120 days of pregnancy, abortion is legal only to save a woman’s life.” Related documents: |
| Country | Authorization of health professional(s) |
Authorization in specially licensed facilities only |
Judicial authorization for minors |
Judicial authorization in cases of rape |
Police report required in case of rape |
Parental consent required for minors |
Spousal consent |
Ultrasound images or listen to foetal heartbeat required |
Compulsory counselling |
Compulsory waiting period |
Mandatory HIV screening test |
Other mandatory STI screening tests |
Prohibition of sex-selective abortion |
Restrictions on information provided to the public |
Restrictions on methods to detect sex of the foetus |
Other |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Pakistan |
Authorization of health professional(s)Varies by jurisdictionWhere policies or laws vary by jurisdiction, this is noted with an accompanying note and no interpretation is made. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by hospital authorities may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
Additional notesThe Penal Code punishes the person who “causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman.”
The Punjab Guidelines explain the legal situation in Pakistan as follows: “Abortion is legal in Pakistan for expanded indications in early pregnancy, generally accepted by Islamic legal scholars as up to 120 days of pregnancy, when the abortion is caused in good faith to save the woman’s life and to provide “necessary treatment”. After 120 days of pregnancy, abortion is legal only to save a woman’s life.” Related documents: |
Authorization in specially licensed facilities onlyNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Restrictions on the range of providers or facilities that are authorized to provide abortion reduce the availability of services and their equitable geographic distribution. Safe Abortion Guidelines, § 4.2.2.4.
|
Judicial authorization for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. Safe Abortion Guidelines, § 4.2.2.
|
Judicial authorization in cases of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
|
Police report required in case of rapeNot applicable WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Laws, policies and practices that restrict access to abortion information and services can deter women from care seeking and create a “chilling effect” (suppression of actions because of fear of reprisals or penalties) for the provision of safe, legal services. Examples of barriers include: requiring third-party authorization from one or more medical professionals or a hospital committee, court or police, parent or guardian or a woman’s partner or spouse. Safe Abortion Guidelines, § 4.2.2
|
Parental consent required for minorsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by parents may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
|
Spousal consentNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Third-party authorization should not be required for women to obtain abortion services. The requirement for authorization by a spouse may violate the right to privacy and women’s access to health care on the basis of equality of men and women. Safe Abortion Guidelines, § 4.2.2.2.
|
Ultrasound images or listen to foetal heartbeat requiredNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Regulatory, policy and programmatic barriers, one example of which is the requirement for mandatory ultrasound prior to abortion, that hinder access to and timely provision of safe abortion care should be removed. Safe Abortion Guidelines, Executive Summary, Box 7 - Recommendation.
|
Compulsory counsellingNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Many women have made a decision to have an abortion before seeking care, and this decision should be respected without subjecting a woman to mandatory counselling. Provision of counselling to women who desire it should be voluntary, confidential, non-directive and by a trained person. Safe Abortion Guidelines, § 2.1.8.1.
|
Compulsory waiting periodNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should consider eliminating waiting periods that are not medically required, and expanding services to serve all eligible women promptly. Safe Abortion Guidelines, § 4.2.2.6.
|
Mandatory HIV screening testNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
Other mandatory STI screening testsNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Requirements for HIV and other tests that are not clinically indicated are potential service-delivery barriers. Safe Abortion Guidelines, p 88.
|
Prohibition of sex-selective abortionNot specifiedWhen there is no explicit reference to an issue covered in the questionnaire in the relevant document(s), this is noted and no interpretation was made. Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. In situations where abortion is restricted for sex selection purposes, terminating a pregnancy for this reason is likely to involve an unsafe procedure carrying high risks. Any policies or guidelines on the use of technology in obstetric and fetal medicine should take into account the need to ensure women’s access to safe abortion and other services - efforts to manage or limit sex selection should also not hamper or limit access to safe abortion services. Preventing gender-biased sex selection: an interagency statement, p 10 - Recommendation.
|
No data
Restrictions on information provided to the publicNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. States should refrain from limiting access to means of maintaining sexual and reproductive health, including censoring, withholding or intentionally misrepresenting health-related information. Safe Abortion Guidelines, § 4.2.2.7.
|
No data
Restrictions on methods to detect sex of the foetusNo data found WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. A woman is entitled to know the status of her pregnancy and to act on this information. Prenatal tests and other medical diagnostic services cannot legally be refused because the woman may decide to terminate her pregnancy. Safe Abortion Guidelines, § 4.2.1.4.
|
Other |
| Country | National guidelines for induced abortion |
Methods allowed |
Country recognized approval (mifepristone / mife-misoprostol) |
Country recognized approval (misoprostol) |
Where can abortion services be provided |
National guidelines for post-abortion care |
Where can post abortion care services be provided |
Contraception included in post-abortion care |
Insurance to offset end user costs |
Who can provide abortion services |
Extra facility/provider requirements for delivery of abortion services |
|---|---|---|---|---|---|---|---|---|---|---|---|
Pakistan |
National guidelines for induced abortionVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Related documents: |
Methods allowedVacuum aspirationVaries by province In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, vacuum aspiration is permitted up to 13 weeks of gestation. Abortion by use of misoprostol is permitted up to 12 weeks of gestation. Dilatation and evacuationVaries by province In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Combination mifepristone-misoprostolVaries by province In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Misoprostol onlyVaries by province In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, vacuum aspiration is permitted up to 13 weeks of gestation. Abortion by use of misoprostol is permitted up to 12 weeks of gestation. Other (where provided)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Vacuum aspiration is the recommended technique of surgical abortion for pregnancies of up to 12 to 14 weeks of gestation. The procedure should not be routinely completed by dilatation and sharp curettage (D&C). Safe Abortion Guidelines, Executive Summary, Box 1- Recommendation.
Dilatation and evacuation (D&E) and medical methods (mifepristone and misoprostol; misoprostol alone) are both recommended methods for abortion for gestations over 12 to 14 weeks. Safe Abortion Guidelines, Executive Summary, Box 3- Recommendation.
The recommended method for medical abortion is mifepristone followed by misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
Where mifepristone is not available, the recommended method for medical abortion is misoprostol (regimen differs by gestational age). Safe Abortion Guidelines, Executive Summary, Box 2- Recommendation.
|
Country recognized approval (mifepristone / mife-misoprostol)Varies by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Chemists/pharmacists can help women avoid unintended pregnancy through provision of accurate contraceptive information, pregnancy tests, contraceptive methods and referral to safe abortion services. Safe Abortion Guidelines, § 3.3.1.1.
Additional notesNeither mifepristone nor misoprostol are on the 2007 National Essential Medicines List. The Essential Package of Health Services for Primary Health Care in Punjab comprises Misoprostol but not Mifepristone in the list of Essential Medicines. Related documents: |
Country recognized approval (misoprostol)Varies by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The combination of mifepristone and misoprostol for medical abortion is included on the WHO model list of essential medicines. Safe Abortion Guidelines, § 2.2.5
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Related documents: |
Where can abortion services be providedVaries by province see note Primary health-care centresVaries by province see note In Punjab province, abortion is provided at the community level (uterine evacuations with Misoprostol done by community midwives), primary care level and in referral hospitals. Secondary (district-level) health-care facilitiesVaries by province see note In Punjab province, abortion is provided at the community level (uterine evacuations with Misoprostol done by community midwives), primary care level and in referral hospitals. Specialized abortion care public facilitiesVaries by province see note In Punjab province, abortion is provided at the community level (uterine evacuations with Misoprostol done by community midwives), primary care level and in referral hospitals. Private health-care centres or clinicsVaries by province see note In Punjab province, abortion is provided at the community level (uterine evacuations with Misoprostol done by community midwives), primary care level and in referral hospitals. NGO health-care centres or clinicsVaries by province see note In Punjab province, abortion is provided at the community level (uterine evacuations with Misoprostol done by community midwives), primary care level and in referral hospitals. Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion services should be available at primary-care level, with referral systems in place for all required higher-level care. Safe Abortion Guidelines, Executive Summary, Box 6- Recommendation.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
The Punjab Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care provide guidance on places where abortion can be performed and health-care personnel who can provide abortion services, Related documents: |
National guidelines for post-abortion careYes, guidelines issued by the government Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Standards and guidelines should be developed and updated with the intent of eliminating barriers to obtaining the highest attainable standard of sexual and reproductive health. Safe Abortion Guidelines, § 3.3. Standards and guidelines should cover: types of abortion service, where and by whom they can be provided; essential equipment, instruments, medications, supplies and facility capabilities; referral mechanisms; respect for women’s informed decision-making, autonomy, confidentiality and privacy. Safe Abortion Guidelines, p. 63.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Related documents: |
Where can post abortion care services be providedPrimary health-care centresVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, post-abortion care may be provided at all the listed settings or facilities. Secondary (district-level) health-care facilitiesVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, post-abortion care may be provided at all the listed settings or facilities. Specialized abortion care public facilitiesVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, post-abortion care may be provided at all the listed settings or facilities. Private health-care centres or clinicsVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, post-abortion care may be provided at all the listed settings or facilities. NGO health-care centres or clinicsVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The facilities and skills required to manage most abortion complications are similar to those needed to care for women who have had a spontaneous abortion (miscarriage). Safe Abortion Guidelines § 2.2.6.
|
Contraception included in post-abortion careYes Related documents:WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. All women should receive contraceptive information and be offered counselling for and methods of post-abortion contraception, including emergency contraception, before leaving the health-care facility. Safe Abortion Guidelines, § 2.3.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, “All women receiving uterine evacuation care, must be offered contraceptive information and counselling, and if they desire, a contraceptive method, including emergency contraception, before leaving the healthcare facility.” Related documents: |
No data
Insurance to offset end user costsNo data found Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Financing of abortion services should take into account costs to the health system while ensuring that services are affordable and readily available to all women who need them. Safe Abortion Guidelines, Executive Summary, Box 6 - Recommendation. Abortion services should be mandated for coverage under insurance plans; women should never be denied or delayed because of the inability to pay. Safe Abortion Guidelines, § 3.6.2.
|
Who can provide abortion servicesVaries by province see note NurseVaries by province see note In Punjab province, “uterine evacuation care can be safely provided by any properly trained health care provider, including a range of non-physician, midlevel providers who are trained to provide basic clinical procedures related to reproductive health.”
The following cadre are permitted to undertake uterine evacuation with Misoprostol: community midwives, midwives, lady health visitors, nurse midwives and women medical officers. The following cadre are permitted to undertake uterine evacuation with manual vacuum aspiration: midwives, lady health visitors, nurse midwives and women medical officers. Midwife/nurse-midwifeVaries by province see note In Punjab province, “uterine evacuation care can be safely provided by any properly trained health care provider, including a range of non-physician, midlevel providers who are trained to provide basic clinical procedures related to reproductive health.”
The following cadre are permitted to undertake uterine evacuation with Misoprostol: community midwives, midwives, lady health visitors, nurse midwives and women medical officers. The following cadre are permitted to undertake uterine evacuation with manual vacuum aspiration: midwives, lady health visitors, nurse midwives and women medical officers. Doctor (specialty not specified)Varies by province see note In Punjab province, “uterine evacuation care can be safely provided by any properly trained health care provider, including a range of non-physician, midlevel providers who are trained to provide basic clinical procedures related to reproductive health.”
The following cadre are permitted to undertake uterine evacuation with Misoprostol: community midwives, midwives, lady health visitors, nurse midwives and women medical officers. The following cadre are permitted to undertake uterine evacuation with manual vacuum aspiration: midwives, lady health visitors, nurse midwives and women medical officers. Specialist doctor, including OB/GYNVaries by province see note In Punjab province, “uterine evacuation care can be safely provided by any properly trained health care provider, including a range of non-physician, midlevel providers who are trained to provide basic clinical procedures related to reproductive health.”
The following cadre are permitted to undertake uterine evacuation with Misoprostol: community midwives, midwives, lady health visitors, nurse midwives and women medical officers. The following cadre are permitted to undertake uterine evacuation with manual vacuum aspiration: midwives, lady health visitors, nurse midwives and women medical officers. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Subject to gestational age and method, abortion care can be safely provided by any properly trained health-care provider, including specialist doctors, non-specialist doctors; associate and advanced associate clinicians; midwives; and nurses. Health Worker Roles in Safe Abortion Care, p 33- Recommendation.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
The Punjab Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care provide guidance on places where abortion can be performed and health-care personnel who can provide abortion services, Related documents: |
Extra facility/provider requirements for delivery of abortion servicesReferral linkages to a higher-level facilityVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, there is a requirement of a well-functioning referral system being place for the provision of safe uterine evacuation care services: “All health centers, clinics or hospital staff must be able to direct women to appropriate services if they are not available on site. Availability of a specialist doctor, including OB/GYNVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, there is a requirement of a well-functioning referral system being place for the provision of safe uterine evacuation care services: “All health centers, clinics or hospital staff must be able to direct women to appropriate services if they are not available on site. Minimum number of bedsVaries by province see note In Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015.
In Punjab province, there is a requirement of a well-functioning referral system being place for the provision of safe uterine evacuation care services: “All health centers, clinics or hospital staff must be able to direct women to appropriate services if they are not available on site. Other (if applicable)
WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Abortion facilities within both the public and private sectors should be available at all levels of the health system, with appropriate referral mechanisms between facilities. Safe Abortion Guidelines, § 3.3.1.
|
| Country | Public sector providers |
Private sector providers |
Provider type not specified |
Neither Type of Provider Permitted |
Public facilities |
Private facilities |
Facility type not specified |
Neither Type of Facility Permitted |
|---|---|---|---|---|---|---|---|---|
Pakistan |
Public sector providersVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Related documents: |
Private sector providersVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Related documents: |
Provider type not specifiedVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Related documents: |
Neither Type of Provider PermittedVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. Health-care professionals who claim conscientious objection must refer the woman to another willing and trained provider in the same, or another easily accessible health-care facility. Where referral is not possible, the health-care professional who objects, must provide safe abortion to save the woman’s life, to prevent serious injury to her health and provide urgent care when women present with complications from an unsafe or illegal abortion. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Pakistan, the provinces have the autonomy to develop their own standards and guidelines on abortion and post-abortion care. So far, Punjab is the only province to have developed and adopted standards and guidelines on abortion and post-abortion care, in 2015: "Service Delivery Standards and Guidelines for High Quality Safe Uterine Evacuation and Postabortion Care" which (among other things) outline the role and level of providers authorized, trained and supported for the provision of safe uterine evacuation and postabortion care within Pakistan's legal framework. There are also national guidelines, such as the Pakistan Woman Centered Post Abortion Care Reference Manual, from 2015. Related documents: |
Public facilitiesVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.”
In Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.” Related documents: |
Private facilitiesVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.”
In Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.” Related documents: |
Facility type not specifiedVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.”
In Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.” Related documents: |
Neither Type of Facility PermittedVaries by province see note WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. The respect, protection and fulfilment of human rights require that governments ensure abortion services, that are allowable by law, are accessible in practice. Safe Abortion Guidelines, § 4.2.2.5.
Additional notesIn Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.”
In Punjab province, “Healthcare providers have a right to conscientious objection to providing abortion, but that right does not entitle them to impede or deny access to lawful abortion services because it delays care for women, putting their health and life at risk. Where a healthcare provider refuses to provide uterine evacuation they must refer the woman to a willing and trained provider in their facility, or another easily accessible healthcare facility. Where referral is not possible, the healthcare provider who objects must provide safe abortion to save the woman’s life and to prevent serious injury to her health.” Related documents: |
Concluding Observations issued by respective treaty bodies and selected extracts related to abortion.
| Country | CAT |
CEDAW |
CERD |
CESCR |
CRC |
CRPD |
HRC |
IE HAIT |
SR HEALTH |
SR TORTURE |
SR VAW |
WG-DWLP |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Pakistan |
|
CEDAW“The Committee is concerned about the high maternal mortality rate in the State party, women’s lack of adequate access to family planning services, including contraceptives, restrictive abortion laws and the large number of women resorting to unsafe abortions, as well as the lack of adequate post-abortion care services. It is further concerned at the wide privatization of the health system and the inadequate budget allocated to the health sector, in particular with regard to sexual and reproductive health-care services, especially in rural remote areas. In line with its general recommendation No. 24 (1999) on women and health, the Committee calls upon the State party: (a) To expedite the adoption of the pending Reproductive Health Care Bill; (b) To improve women’s access to health-care facilities and medical assistance by trained personnel, especially in rural and remote areas, and ensure adequate allocation of human and financial resources to the health sector in all provinces; (c) To strengthen its efforts to reduce the high rate of maternal mortality, and ensure access to affordable contraceptive methods throughout the country; (d) To review its abortion legislation with a view to expanding the grounds under which abortion is permitted, for example, cases of rape and incest, and prepare guidelines on post-abortion care to ensure that women have access to this type of service; (e) To ensure that the privatization of the health sector and the devolution to the provinces of the main health competence do not reduce further the already limited health services accessible to women.”
“The Committee is concerned about women’s lack of access to health care, in particular to sexual and reproductive health services, especially in rural areas, and the link between the rate of abortion and low contraceptive use. Clandestine abortions being a major cause of maternal mortality, the Committee is deeply concerned that abortion is a punishable offence under Pakistani law, which may lead women to seek unsafe, illegal abortions, with consequent risks to their life and health. The Committee calls on the State party to take concrete measures to enhance women’s access to health care, in particular to sexual and reproductive health services, in accordance with article 12 of the Convention and the Committee’s general recommendation 24 on women and health. It requests the State party to take measures aimed at the prevention of unwanted pregnancies, including by making a comprehensive range of contraceptives and family planning methods more widely available and affordable, without any restrictions, and by increasing knowledge and awareness about family planning among women and men. The Committee also calls on the State party to reduce maternal mortality rates by identifying and addressing causes of maternal death. It further calls on the State party to take measures to ensure that women do not seek unsafe medical procedures, such as illegal abortion, because of lack of appropriate services in regard to fertility control. The Committee recommends that the State party review the laws relating to abortion with a view to removing punitive provisions imposed on women who undergo abortion, providing them with access to quality services for the management of complications arising from unsafe abortion and reducing maternal mortality rates, in accordance with the Committee’s general recommendation 24 on women and health and the Beijing Declaration and Platform for Action. Noting the improvement in the indicators of women’s health where the Lady Health Worker programme is being implemented, the Committee recommends that steps be taken to expand this programme to the rural and other areas where they are most needed. The Committee encourages the State party to seek international assistance from the specialized agencies of the United Nations system, including the United Nations Development Programme, the United Nations Population Fund and the World Health Organization, in order to implement measures to enhance women’s access to health care.”
|
|
CESCR"The Committee is concerned that abortion is criminalized in the State party except when the life of a mother is at risk, which has led to a very high incidence of unsafe clandestine abortions. This has in turn led to many women suffering from life-threatening complications that in more than 5 per cent of cases have resulted in death. (...) The Committee recommends that the State party: (a) Amend its legislation on abortion to ensure its compatibility with other fundamental rights, such as women’s rights to life and physical and mental health, that it broaden the permitted circumstances for legal abortion and that it not make women undergoing abortion criminally liable; (b) Ensure that women are able to easily access post-abortion health- care services; (...)"
|
CRC“The Committee is also concerned about reports of large numbers of teenage pregnancies terminated using unsafe and clandestine abortion procedures and lack of access to legal abortion, especially for unmarried girls. [….] In the light of its general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child, the Committee recommends that the State party: (a) Adopt a comprehensive sexual and reproductive health policy for adolescents and ensure that sexual and reproductive health education is part of the mandatory school curriculum and is aimed at adolescent girls and boys, paying special attention to preventing early pregnancy and sexually transmitted infections; (b) Review its legislation with a view to ensuring that children, including unmarried girls, have access to contraception, safe abortion and post-abortion care services, and that the views of girls should always heard and respected in abortion- related decisions; […]”
“The Committee is concerned that the notion of adolescent health and in particular adolescent reproductive health has still gained little acceptance in the Pakistani society. It remains concerned at the lack of access to sexual and reproductive health counselling and services, especially in rural areas, and at the link between the high rate of abortion and low contraceptive use. The Committee notes with concern that clandestine abortion is a major cause of maternal mortality. The Committee recommends that the State party, taking into account the Committee’s general comment No. 4 (2003) on adolescent health and development in the context of the Convention on the Rights of the Child, increase its efforts to establish more programmes and confidential services in the area of adolescent health and to obtain valid data on adolescent health concerns through, inter alia, studies on this issue. The Committee also recommends that the State party elaborate clear policies and, when applicable, legislation addressing adolescent health-related issues, in particular early marriage and pregnancies, as well as the harmful effects of drugs. It recommends that the State party provide access to information on reproductive health and family planning with a view to improving practice in these areas, including avoiding the recourse to abortion as a method of family planning.”
|
|
HRC"The Committee is concerned that abortion remains criminalized except to save the life of the women or provide “necessary treatment”; that the circumstances under which voluntary termination of pregnancy is allowed are not clearly defined or widely understood among medical professionals and the general public; consequently, that a very large number of women seek unsafe abortion which may put their lives and health at risk; and at the high level of resulting maternal mortality. The Committee is also concerned at the very high rate of unintended pregnancies due to limited access to information and services regarding sexual and reproductive health (arts. 2, 3, 6, 7, 17 and 26). [...]The State party should review its legislation to ensure that legal restrictions do not prompt women to resort to unsafe abortions that may endanger their lives and health. It should also take all measures necessary to combat the stigma associated with abortion; ensure the provision of safe voluntary termination of pregnancy by trained medical providers; ensure ready and affordable access to post-abortion health care services throughout the country; and improve access to affordable contraception and sexual and reproductive health education and services including for adolescents and disadvantaged women and girls in rural areas."
|
|
|
|
|
|
Country specific information regarding abortion related penalties. Information regarding penalties has been presented in English only; this information is not based on an official translation. Please review the source documents provided.
| Country | Penalties deconstructed |
Penalties for woman |
Penalties for provider |
Penalties for person who assists |
Secondary additional considerations/judicial discretion |
Penalties for non-consensual abortion and or negligence |
|---|---|---|---|---|---|---|
Pakistan |
Penalties deconstructedPenalties only for unlawful/illegal abortions |
Penalties338. Isqat-i-Hamal: Whoever causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal. Explanation: A woman who causes herself to miscarry is within the meaning of this section. 338-A. Punishment for Isqat-i-haml: Whoever cause isqat-i-haml shall be liable to punishment as ta'zir- (a) with imprisonment of either description for a term which may extend to three years, if isqat-i-haml is caused with the consent of the woman; or (b) with imprisonment of either description for a term which may extend to ten years, if isqat-i-haml is caused without the consent of the woman: Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be. 338-B. Isqat-i-janin: Whoever causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause Isqat-i-janin. Explanation: A woman who causes herself to miscarry is within the meaning of this section. 338-C. Punishment for Isqat-i-janin: Whoever causes isqat-i-ianin shall be liable to:- (a) one-twentieth of the diyat if the child is born dead; (b) full diyat if the child is born alive but dies as a result of any act of the offender; and (c) imprisonment of either description for a term which may extend to seven years as ta'zir: Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate diyat or ta'zir, as the case may be/for every such child: Provided further that if, as a result of isqat-i-fanin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be. 338-D. Confirmation of sentence of death by way of qisas or tazir, etc.: A sentence of death awarded by way of qisas or ta'zir, or a sentence of qisas awarded for causing hurt, shall not be executed, unless it is confirmed by the High Court. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Penalties338. Isqat-i-Hamal: Whoever causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal. Explanation: A woman who causes herself to miscarry is within the meaning of this section. 338-A. Punishment for Isqat-i-haml: Whoever cause isqat-i-haml shall be liable to punishment as ta'zir- (a) with imprisonment of either description for a term which may extend to three years, if isqat-i-haml is caused with the consent of the woman; or (b) with imprisonment of either description for a term which may extend to ten years, if isqat-i-haml is caused without the consent of the woman: Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be. 338-B. Isqat-i-janin: Whoever causes a woman with child some of whose limbs or organs have been formed to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, is said to cause Isqat-i-janin. Explanation: A woman who causes herself to miscarry is within the meaning of this section. 338-C. Punishment for Isqat-i-janin: Whoever causes isqat-i-ianin shall be liable to:- (a) one-twentieth of the diyat if the child is born dead; (b) full diyat if the child is born alive but dies as a result of any act of the offender; and (c) imprisonment of either description for a term which may extend to seven years as ta'zir: Provided that, if there are more than one child in the womb of the woman, the offender shall be liable to separate diyat or ta'zir, as the case may be/for every such child: Provided further that if, as a result of isqat-i-fanin, any hurt is caused to the woman or she dies, the offender shall also be liable to the punishment provided for such hurt or death, as the case may be. 338-D. Confirmation of sentence of death by way of qisas or tazir, etc.: A sentence of death awarded by way of qisas or ta'zir, or a sentence of qisas awarded for causing hurt, shall not be executed, unless it is confirmed by the High Court. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
|
Penalties338-D. Confirmation of sentence of death by way of qisas or tazir, etc.: A sentence of death awarded by way of qisas or ta'zir, or a sentence of qisas awarded for causing hurt, shall not be executed, unless it is confirmed by the High Court. 338-E. Waiver or compounding of offences: (1) Subject to the provisions of this Chapter and Section 345 of the Code of. Criminal Procedure, 1898 (V of 1898), all offences under this Chapter may be waived or compounded and the provisions of Sections 309 and 310 shall, mutatis mutandis, apply to the waiver or compounding of such offences: Provided that, where an offence has been waived or compounded, the Court may, in its discretion having regard to the facts and circumstances of the case, acquit or award ta'zir to the offender according to the nature of the offence. Provided further that where an offence under this Chapter has been committed in the name or on the pretext of honour, such offence may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties having regard to the facts and circumstances of the case. (2) All questions relating to waiver or compounding of an offence or awarding of punishment under Section 310, whether before or after the passing of any sentence, shall be determined by trial Court: Provided that where the sentence of qisas or any other sentence is waived or compounded during the pendency of an appeal, such questions may be determined by the trial Court. 338-F. Interpretation: In the interpretation and application of the provisions of this Chapter, and in respect of matter ancillary or akin thereto, the Court shall be guided by the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah. 338-G. Rules: The Government may, in consultation with the Council of Islamic ideology, by notification in the official Gazette, make such rules as it may consider necessary for carrying out the purposes of this Chapter. |
Penalties338-A. Punishment for Isqat-i-haml: Whoever cause isqat-i-haml shall be liable to punishment as ta'zir- […] (b) with imprisonment of either description for a term which may extend to ten years, if isqat-i-haml is caused without the consent of the woman: Provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be. WHO GuidanceThe following descriptions and recommendations were extracted from WHO guidance on safe abortion. International, regional and national human rights bodies and courts increasingly recommend decriminalization of abortion, and provision of abortion care, to protect a woman’s life and health, and in cases of rape, based on a woman’s complaint. Safe Abortion Guidelines, p 97.
|
Source document: 
Back to top